(Pursuant to the provisions of Code § 19.2-307, all orders wherein an accused is sentenced for a criminal conviction shall conform substantially to the following form. In cases where no prior criminal conviction order has been entered of record, state the defendant’s plea, the verdict or findings, the adjudication, whether or not the case was tried by a jury, and, if not, whether the consent of the accused was concurred in by the court and the attorney for the Commonwealth.)

SENTENCING ORDER

VIRGINIA: IN THE CIRCUIT COURT OF…………………………………

FEDERAL INFORMATION PROCESSING

STANDARDS CODE:…….

Hearing Date:…………..

Judge:……………………

COMMONWEALTH OF VIRGINIA

v.

…………………………………………….., DEFENDANT

This case came before the Court for sentencing of the defendant, who appeared in person with his attorney,…………………………………………………………..The Commonwealth was represented by…………………………………………………….

On……………………the defendant was found guilty of the following offenses:

The presentence report was considered and is ordered filed as a part of the record in this case in accordance with the provisions of Code § 19.2-299,

Pursuant to the provisions of Code § 19.2-298.01, the Court has considered and reviewed the applicable discretionary sentencing guidelines and the guidelines worksheets. The sentencing guidelines worksheets and the written explanation of any departure from the guidelines are ordered filed as a part of the record in this case.

Before pronouncing the sentence, the Court inquired if the defendant desired to make a statement and if the defendant desired to advance any reason why judgment should not be pronounced.

The Court SENTENCES the defendant to:

Incarceration with the Virginia Department of Corrections for the term of:…………….for ……………., and…………….for……………..The total sentence imposed is…………

This sentence shall run (concurrently/consecutively) with………………………………

The defendant shall pay costs of……………..

A fine of $…………….for…………….

The defendant’s license has been suspended for a period of…………………(or indefinitely).

A restricted driver’s license was issued by separate order.

The Court SUSPENDS …….. of the …….. sentence and …….. of the …….. sentence, ….. fine for a period of ………, for a total suspension of ………, upon the following condition(s):

Good behavior. The defendant shall be of good behavior for the entire period of the suspended sentence.

Restitution. The defendant shall make restitution as set forth in the attached form DC-317, RESTITUTION ORDER.*

Supervised probation. …………….of the sentence of incarceration is suspended. The defendant

* Form DC-317, RESTITUTION ORDER, and others used in criminal proceedings in Virginia courts can be found online at http://www.vacourts.gov/courtadmin/aoc/legalresearch/resources/manuals/dcforms/dc300scrimin al.pdf

Community Corrections Alternative Program pursuant to Virginia Code § 19.2-316.4. The defendant shall successfully complete the Community Corrections Alternative Program. Successful completion of the program shall be followed by a period of supervised probation of (at least one year). (If applicable: The defendant shall remain in custody until program entry.)

Registration. Pursuant to Code § 9.1-903, registration is required for individuals convicted of offenses defined in § 9.1-902.

DNA and Fingerprints. The defendant shall provide a DNA sample and legible fingerprints as directed.

Special Conditions. The defendant shall complete any substance abuse screening, assessment, testing and treatment as directed by the Probation Officer, as well as the following conditions:……………………………………………………………

Other Special Conditions:……………………………………………………………

Post-Incarceration supervision following felony conviction pursuant to Virginia Code § 18-2-10 and 19.2-295.2.

A. Post-Incarceration Supervised Probation: The court has imposed above a term of ………………………….. of incarceration and has suspended (at least 6 months) of the term of incarceration. The defendant is placed on supervised probation to commence upon release from incarceration for a period of (at least 6 months), unless released earlier by the court. The defendant shall comply with all the rules and requirements set by the Probation Officer.

OR

B. Post-Incarceration Post-release Supervision: In addition to the above sentence of incarceration, the court imposes an additional term of (not less than 6 months nor more than 3 years) of incarceration. This term is suspended and a period of post-release supervision of (not less than 6 months nor more than 3 years), which is to commence upon release from ” incarceration. The defendant shall comply with all the rules and requirements set by the Probation Officer.

Credit for time served. The defendant shall be given credit for time spent in confinement while awaiting trial pursuant to Code § 53,1-187.

DATE

ENTER:………………..

JUDGE

DEFENDANT IDENTIFICATION:

Name:………………………………..

Alias:……………………………

SSN:…………………………………………DOB:…………..Sex:………..

SENTENCING SUMMARY:

TOTAL INCARCERATION SENTENCE IMPOSED:………………

TOTAL SENTENCE SUSPENDED:………………..

TOTAL SUPERVISED PROBATION TERM:………………..

TOTAL POSTRELEASE TERM IMPOSED and SUSPENDED:…………………………..

TOTAL FINE IMPOSED: $…………TOTAL FINE SUSPEND